Principle

CIVIL PROCEDURE — Service of Process — Fundamental Nature — Order Made Without Service a Nullity

Area of law: CIVIL PROCEDURE
Court: Supreme Court

Non-service is a fundamental vice, not a mere irregularity. The principle applies to civil procedure. Orders made without service are nullities. The rule cannot be cured by later action. The affected party is entitled ex debito justitiae to have the order set aside. The principle…

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